TERMS AND CONDITIONSOF SALE TO INDIVIDUALS
Gymglish
April 15h, 2024 v5.1a

INTRODUCTION
The A9 Company (hereafter referred to as "TheCompany"), an SAS with a capital of 81,382 euros, isregistered with the Registry of Trades and Companiesof Paris under RCS Paris B 451 911 812. Its headquarters are located at 65 rue de Reuilly, 75012 Paris,
France - email address: support@gymglish.com. Its
EEC VAT number is FR10451911812. The Company
primarily provides online training services. The Company’s website publication manager is Benjamin Levy.
The Terms and Conditions of Sale to Individuals(”TCS”) apply to all sales made by the Company toindividual customers.
By using our Site and/or Applications, you unreservedly accept these conditions, which you acknowledge having read and understood.
These conditions are applicable for the entire duration of your browsing on the Site, as well as for theentire duration and/or use of the Services and/or of
the Applications.
When validating their order, customers agree tothe terms of the specific order, the entirety of the present
TCS and the Terms of Use (TOU) available at the following address:
https://www.gymglish.com/documents/CGUGymGlish-en-latest.pdf
In cases where the User is not the Client, the Client
remains responsible for the acceptance and respectof the TOU for each of the Users the Client designates and to whom the Client intends to propose theCompany’s Services, under its responsibility. Possible specific Conditions of Sale can supplement or replace the present ones. They will be communicated to
the Client who will be asked to accept them.
Explanatory comments in the right-hand columnof this document have no binding legal value; they1

Explanatory comments:

This is what we sell, and how to
buy it.

serve only to facilitate the overall comprehension of
the document, re-written in simpler terms.

1

UPDATESThe Company reserves the right to amend this document at any time.
If applicable, the revision number and date locatedat the top of this document will identify the version.
Each update will be published on our Site. Anychanges will take effect upon said publication.
By continuing to use the Site, the Services and/or
Applications, or by accessing them after an updateof our terms, you acknowledge and accept all of themodifications therein.
For translations, the reference document for interpretation shall be the original French, whose latest applicable version is available at the following address: https://www.gymglish.com/documents/
cgvps-fr-latest.pdf

2

We reserve the right to change theterms of this document.

DEFINITIONS

Subscription refers to placing the Service at a User’s
disposal for a fixed price and duration and, where appropriate, a maximum number of Lessons completed
by the User.

Strictly speaking, we are notselling Lessons but a Subscription
at a fixed price allowing access to
our Service during the
Subscription period.

Activation refers to The start date of the Subscription.
Listings refers to the service offer(s) proposed directly by a Seller to other Users via the Marketplace.

Listings are third party offers.

Application or mobile Application refers to a program designed and/or produced by the Company thatis downloadable and executable from the operating
system of a smartphone or tablet.

You can access our Service fromyour smartphone or tablet using
our Applications.

Client refers to an adult and able person or company who either accepts the Listing of a Seller on theMarketplace or purchases a Subscription on his own
account, or on behalf of one or more User(s).
Lesson refers to the content of the lesson, the content of the corrections and the content of any supplementary corrections tailored to each User.

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The Client is the buyer.

Our Lessons are personalized.

Course refers to all of the Lessons completed byand tailored to each User.

Each User follows a personalized
learning Course.

Marketplace refers to a dedicated space on the Siteallowing for Listings by Sellers to be posted and viewed
by the Users.

Many Sellers offer Services on ourMarketplace

Provision refers to service offered directly to theUser by a Seller through a Listing on the Marketplace.

Provisions are offered directly by
third parties on the Marketplace.

Product refers to 1) one of the learning series service offers published by the Company, such as Gymglish,
Frantastique, Wunderbla, Hotel Borbollón, Saga Baldoria or Rich Morning Show, or 2) training programs
using Gymglish Studio technology operated by theCompany but whose content is published by third parties.

Product refers to our training
solutions.

Service refers to for our Products (learning series
and Gymglish Studio) the delivery and correction of
personalized Lessons, provided by the Company, as
well as technical support to customers. For our Aimigo
courses, Service refers to the chat service with our artificial intelligence.

Our Service includes, in particular,
the sending and correction of
Lessons.

Site refers to the set of web pages managed by theCompany, including gymglish.com, gymglish.fr, frantastique.com, frantastique.fr, richmorning.com.

Site refers to all websites managed
by the Company.

Test refers to the testing of the Service, proposed
free of charge to the User for a limited period of time.

Our Test is free and withoutcommitment.

”User” or ”You” or ”They” refers either to someone who has created an account on the Marketplace,or a person who uses the Service. Each User may
subscribe to one or more Course.

The User is you.

Seller refers to an adult and able person or company
who uses the Marketplace and posts Listings viewable
by Users.

The Seller places Listings to offer
You his services.

Supervisor refers to, if applicable, the individual(s)responsible for monitoring Users for whose accountthe Client has subscribed to the Service.

The Supervisor is often a training
manager or human resourcesmanager.

Supervisor Space refers to a space on the Site forSupervisors where they can invite Users, purchase Subscriptions, and supervise the training of Users.

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3

OBJECT

These TCS, which solely address individuals who holdthe status of consumers under the provisions of theConsumer Code, are intended to define the featuresand conditions of purchase of the Company’s Products.
As required by law, the consumer is defined as any
physical person acting in connection with the order,
for purposes that are not within the scope of his/her
professional activity.

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FEATURES AND CONDITIONSOF SUBSCRIPTION

Every User follows a personalized curriculum, comprising Lessons. During the term of the Subscription,
it is possible to substitute a User with another User if
applicable. Compliance by the Client and the User(s)of these Subscriptions’ features is an important condition of the TCS.

4.1

Free Trial

Prior to Subscription, Clients may sign up for a freetrial period without commitment, allowing them tovalidate the compatibility of their software environment with the Services. The Trial Period does not
require a credit card number. If Clients wish to buy
a Subscription, they can visit the online shop, where
different offers are presented.

4.2

General features

Each Subscription allows the User to follow an individual training Course consisting of Lessons. EachUser can use a maximum number of weekly Lessons
depending on the chosen Product and offer (as displayed on our website).
4.2.1

Description of common features for Gymglish,
Frantastique, Hotel Borbollón, Wunderbla
and Saga Baldoria Products

All Gymglish, Frantastique, Frantastique Ortho, Hotel Borbollón, Wunderbla and Saga Baldoria Products are available via the Website or via a dedicatedApplication. As they are identified by their e-mailaddress, Users can choose either of these methodsof access. The same Lessons are available on both4

We offer a free trial period that
does not require a credit card
number, permitting users to explore
our Services and test software
compatibility..

platforms. Every Gymglish, Frantastique, Hotel Borbollón, Wunderbla and Saga Baldoria Product allows
Users to receive and complete a maximum of seven
Lessons per week, or a maximum of one lesson perday, except at the beginning of the Trial Period, where
the frequency may be greater. Depending on the chosen offer (Basic, Premium or Gold), users may choose
the days of the week when they wish to receive theirLessons with a minimum of one Lesson per week andwithin the limit of seven lessons per week maximum,
or a maximum of one lesson per day, as previously indicated. By default, the Company sends the new Lesson on the first available day of reception dependingon the User’s response. Failing to receive a response
from the User, the Company sends a reminder for thesame Lesson on the first available day of reception
seventy-two hours after the last mailing. Users canalso set, in their Lesson or in their personal space,a period when Lessons may be paused (Manage myAbsences in the Workbook), if this option is offered.
This option affects neither the price nor the time period of the Gymglish, Frantastique, Hotel Borbollón,
Wunderbla or Saga Baldoria Subscriptions bought.
Gymglish’s, Frantastique’s, Hotel Borbollón’s, Wunderbla’s, Saga Baldoria’s content may offend certain
users due to its tone, possible references to adultery,common cultural stereotypes in North America and inEurope, which may be perceived as immoral in othercultures or other parts of the world. Therefore, these
Products are not recommended for underage individuals. The Company cannot be held responsible for any
consequences related to the content of the Lessons.
The User can use the Aimigo by Gymglish feature
after each lesson. This feature, based on artificial intelligence models, allows the user to chat in oral or
written form with a character from Gymglish, Frantastique, Hotel Borbollón, Wunderbla or Saga Baldoria products should they have the appropriate subscription.
4.2.2

Depending on the chosen Productor offer (Basic, Premium or Gold)our subscriptions allow Users toreceive and complete a maximumof seven Lessons per week.

Description of Aimigo’s features

The Aimigo subscription allows for discussion with
our artificial intelligence, both orally and in writing,
only in the available languages. Each Aimigo subscription covers one language only. Aimigo is available via the App.
Users can enjoy a free Aimigo Trial with no commitment to buy for a limited time.
The Client is informed that in case of excessive
use of Aimigo, the quality of the service could be de5

Aimigo can chat with you, bothorally and in writinggraded in order to preserve the quality for the other
Users. Aimigo is reserved for Users aged 18 years
and over, both for the Trial and the Subscription.
4.2.3

Description of the Features of the Rich Morning Show Website

The Rich Morning Show caters towards teenagers andEnglish beginners. It includes three sequences of twentyone Lessons, incorporating twenty-one videos of thecurriculum in ascending order of difficulty. If all sixtythree lessons are completed, the Service then focuseson the revision of knowledge. By default, the Company sends the new Lesson on the first available dayof reception depending on the User’s response. Failing to receive a response from the User, the Company sends a reminder for the same Lesson on the firstavailable day of reception seventy-two (72) hours after the last mailing.
4.2.4

Description of the Features of Gymglish Studio Products

The features of Gymglish Studio Products, Services
using Gymglish Studio technology operated by theCompany for which content is published by third parties, are defined on a case by case basis, detailed on
the pages of the Site relevant to them.

4.3

Acceptance of the Order

The Client accepts to pay the set amount due forthe provision of the Service, regardless of the number of Lessons actually completed or conversations
carried out. The order is completed via the Website
or the Applications. Clients choose the offer(s) theywish to subscribe to. When the Client makes his purchase in the Application from Apple or Google, specific conditions apply: see section 5.2.
To purchase, Clients indicate their personal details
and payment information. The Client is responsible
for the accuracy of all the information provided to theCompany and payment service providers, including
their address and country of residence, which are required to accurately know the rate of European VAT
to which the Client is subject. The Client also ensuresthat they will provide the accurate first name and last
name for any User they sign up.
Clients may confirm their order after having viewed
its details, total price, including all fees and taxes.
They will have the opportunity to correct any errors.
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The Rich Morning Show Service isdesigned for adolescents andbeginners, and consists of three
sequences of twenty-one Lessons
followed by exercises.

The contract is created upon the validation of the order of the Subscription(s) by the Company. Within thelimits prescribed by applicable law, the validation of
the order constitutes an electronic signature between
the Parties - equivalent to a handwritten signature between the Parties.
The Company must receive and validate the payment no later than 45 days after the Subscription. If
the payment is not received within this period, theCompany may cancel the order and delete the Subscription.
In the event the User(s) do not use the Service, except if the case is provided for in the Article ?? ”Rightof Withdrawal”, the Company shall not have to reimburse all or part of the purchase because the Subscription consists in the provision of the Service regardlessif the Subscription is used or not.
The Subscription packages, described more specifically in the online shop via the Website or Applications, may be separated into two large families ofSubscriptions:
4.3.1”Unlimited Time Period” Subscriptions

When this offer is available on our web store (which
is not always the case), the Gymglish, Frantastique,
Wunderbla, Saga Baldoria, Hotel Borbollón or Rich
Morning Show Subscription may be purchased for a”Unlimited Time Period”, i.e. a subscription of one
month, renewable automatically every month. The
Client may terminate the ”Unlimited Time Period”
Subscription(s) at any time by going to his/her personal webspace, subject to having requested the cancellation no later than three (3) days before the end of
the Subscription period in progress. The service willcontinue until the subscribed period expires. Cancellation does not give right to any refund, partial or total, of the current subscribed period or to a carryoverof uncompleted Lessons. In the event of a change
in the public price of Subscriptions, the ”Unlimited
Time Period” Subscription offer chosen by the Client
will remain unchanged in terms of monthly payments,
as long as the Subscription is not canceled.
4.3.2

The Client agrees to settle thecomplete sum of the Subscription
all at once or by monthly
installments.

”Fixed Length” Subscription(s)The Gymglish, Frantastique, Wunderbla, Saga Baldoria, Hotel Borbollón or Rich Morning Show Subscription may be chosen for a ”Fixed Length”, that is,a number of months defined in the description of the
package. The Client is committed for the entire pe7

The Unlimited Time Period
Subscription is automaticallyrenewed every month and may be
stopped at any time.

riod from one date to a fixed date in the future andmay receive a maximum number of Lessons as described in the package. The price and time period of
the Subscription are described in the Website shop at
the time of purchase. The Fixed-Length subscriptions
may be renewed automatically for a period equal to orless than the original period. In this case, an email or
notification will be sent to the Client one month before the expiry date, and again one week before theexpiry date, allowing them to refuse the renewal of
their subscription. The Client may also deactivate theautomatic renewal at any time in their Client space.

4.4

Commitment Over TimeFor all Services, registration to a Subscription means
a commitment for a period of time and not for a given
number of lessons. Once the User subscribes to theService, the User can chose to follow (or not to follow) a maximum of seven Lessons per week depending on the offer (as displayed on our website). If theUser choses to follow, or not to follow Lessons, there
is no impact on the payment of the Subscription. In
the case of regular payments, if the payment information held by the Company was no longer valid, an update could be requested to the Client, in order for theOffer to continue. The Client agrees to update suchinformation in the shortest possible time.

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PRICES AND PAYMENT CONDITIONS

5.1

Price

The Company’s offers are invoiced according to prices
displayed in the Website shop or in the Application at
the time of purchase - the offer is valid for two hours
after its display time.
The Company reserves the right to change the priceat any time during the offer period. Any revision is applicable only to deals subscribed after the new prices
go into effect. Offers do not include the cost of anInternet access required to access the Services, which
remains the responsibility of the Client.

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The Subscription is the provision of
the Service for the fixed period
specified at the time of thepurchase, regardless of the numberof Lessons followed by the User.

Prices are available on both theWebsite and Applications. They
can be modified by the Company.

5.2

In-App Purchases on Apple Store and
Google PlayThe Company may offer services available for purchase within the Applications on third-party platforms
such as Apple Store and Google Play ("In-App Purchases"). If you choose to make purchases throughthese platforms, you acknowledge that their terms ofsale apply and you accept them in addition to theseterms. The Company does not control the Apple Storeand Google Play platforms and cannot be held responsible for any issues related to their use: the User
who chooses to make purchases through these platforms acknowledges that they will have to manage
their commercial relationship with these platforms without involving the Company. It is therefore the platform that will provide the invoice to the Customer andnot the Company.
Some services may be offered as automatically renewing subscriptions. If you purchase such a subscription, it will be renewed at the end of the period,
unless cancelled, at the price applicable at that time.
To avoid renewal for the following period, cancellation must take place before the end of the current period (according to the terms of the platform). Deletingyour account or application does not cancel your subscription. To manage or cancel your subscription, youmust use the account settings of the external platform(e.g. Apple Store or Google Play) through which thesubscription was purchased. Purchases through platforms are generally non-refundable, and no credit isgiven for partially used periods. Requests for refunds
or cancellations for eligible subscribers must be madethrough the platform from which the purchase wasmade."

5.3

Payment Conditions

Payments to the Company can be made:• by credit card when the payment method is proposed (note: a 1 Euro preauthorization fee issometimes required to verify the card’s existence before finalizing the purchase. This small
sum temporarily appears on the statement oftransactions for about two weeks, but is then refunded when the actual amount corresponding
to the purchase is deducted);• by bank transfer when this payment method is
proposed;

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Note: purchasing our products
through the Apple Store or Google
Play means accepting their terms
and conditions in addition to ourown.

• by Paypal when this payment method is proposed;• by any other means of payment proposed at thetime of the purchase.
Payment of Gymglish, Frantastique, Wunderbla,
Saga Baldoria, Hotel Borbollón or Rich Morning Show
Subscriptions is done either by recurring debits, or ina single transaction at the time of purchase.
The Company is not liable for payment problems
related to the operation of electronic commerce services.
Receipts issued by the Company are available for
Clients in their personal web space. Receipts and/or
notifications of payment can be issued in the name of
A9 or in the name of GYMGLISH, main trademarkof the Company, regardless of the Product or Service
purchased.
It is agreed that, if the payment was canceled after
acceptance of the order, the offer(s) subscribed is (are)also canceled, without prejudice to any action that theCompany could take. Furthermore, in case of nonrespect of payment obligations, it shall be noted thatthe bonus months granted to the Client, as well as any
sponsorship benefits, will be canceled.

6

CERTIFICATION

Depending on the Product and the chosen offer, andas the case may be depending on average completion of more than two Lessons per week, the Company will issue the User a certificate of level at theend of the Subscription purchased by the Client. Thiscertificate will show the result of continuous assessment throughout the training. To this effect, Users
undertake to complete their Lessons personally andany Supervisors undertake to implement appropriate
measures to ensure this is the case.
Depending on the User’s offer (eg 1 year Gymglish
GOLD offer), and provided that the User is properly
identified (via their signatures and/or photo identifications), this diploma will be certified by the Company.

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Payment can be made either via
monthly debits or via a single
transaction.

SPONSORSHIPThe User has the possibility to send his/her contacts,
either by email or through a copy of a customized linkon social medias, an invitation to test the Service. If

10Gymglish delivers levelassessments and certifications.

this person accepts, he/she will be considered the ”Referral” of the User. If several Users sponsor the same
person, only the first to have done so will be considered the Sponsor (this is determined by the e-mail address of this person). The Sponsor can enjoy benefits
described in the Workbook. The Company agrees toapply its Privacy Policy to all ”Referrals”.

8

ASSISTANCE

For any information, the Company’s customer service
is available through the Website, mostly on https://
help.gymglish.com, via email by using the address
support@gymglish.com, via chat in our online shop
or by telephone at +33 1 53 33 02 40. We invite our
Clients to use our email support system which ensures
the best traceability.
Depending on the Product and the offer (as displayed on our website), individual teaching assistancefrom linguistic experts and content writers may beprovided to the User at the end of the Lesson, if a reasonable request is made. The Company will respondto assistance requests within 24 working hours.
Depending on the Product and the offer, each User
can have access to a personal space on the Site, whichorganizes and presents content based on lessons completed, including vocabulary, grammar and stories.

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The User can invite his/hercontacts to try the Service. All
these new ”Referrals” allow theUser to benefit from advantages.

RIGHT TO WITHDRAWAL

Regarding the Subscriptions purchased from the Company, the Client has a fourteen (14) day right of withdrawal from the date of order to exercise his/her rightto withdrawal without having to justify reasons or pay
a penalty to the Company, providing the Services havenot been used.
To exercise his/her right of withdrawal, the Client
must notify the Company of his/her decision to withdraw by sending an explicit e-mail to support@gymglish.com.
In this case, the Company will immediately acknowledge this withdrawal and having received the email.
In case of withdrawal of the Client, the reimbursement of the order is made by the Company if possibleby the same means of payment used during the initialtransaction, unless otherwise agreed by the Parties. In
any event, the reimbursement will not result in undue
additional costs for the Client. The reimbursement
is made in the best possible time, and no later thanfourteen days from the date on which the Company is
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The Company offers Clients online
help Websites, as well as assistanceby email.

You have access to a personal
space summarizing your data

informed of the Client’s decision.
Please note that if the ordered Services are usedby the Client and/or the User before the fourteen-day
period, the Client waives their right of withdrawal, theService being within the meaning of Article L.12121-8 of the Consumer Code, a ”digital content”.

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INTELLECTUAL PROPERTY

10.1

GYMGLISH RIGHTSThe Site, the Applications and/or the Lesson(s), as
well as any element that constitutes them, including
text, still or animated images, audio and/or video recordings, logos, domain names, databases, computer programs, etc are fully protected by national and international provisions in terms of copyright and by thelaws protecting databases within the meaning of Articles L.341-1 and following of the Intellectual Property Code.
The Company is the owner of these rights, or theserights are regularly exploited under license. Subscribing to any Subscription does not grant any exclusive
right on elements owned by the Company. The Company is the exclusive owner of the logos and trademarks (semi-figurative or not) it filed, and regularly
operates logos and trademarks of third parties that
may appear on the Site or the Applications.
The Company grants the User a license for using
its protected content, detailed in section 10.2. Any not
expressly authorized use of protected contents will be
liable to prosecution in accordance with the law inforce. It is therefore forbidden to reproduce, represent, imitate and/or use in any way possible, every or
any portion of the content owned by the Company,
without prior authorization from the Company, theauthor or the rightful owner of copyrighted contents.

10.2

The Company respects the legal
provisions on copyright.

LICENSE TO USE

The Company grants the User a non-exclusive, nontransferable, revocable and limited License (the License) for the User’s personal use without limit oftime, which allows the User :• to download and use Applications;• to visit the website of the Company;• to visualize the Lesson(s) of the User’s Course;• to complete the exercises of these Lesson(s);12Buying a subscription for one of
our products authorizes you to use
it, but does not allow you to resellit.

• to store the User’s Lesson(s) for consultation
purposes;• to consult, download and print the Course Modules and the Lessons of the User’s Course forthe sole purpose of private copying, and use by
the copyist in accordance with Article L.122 - 5
paragraph 2 of the Intellectual Property Code.

10.3

SHARED CONTENT

By using the Site, You grant to the Company a nonexclusive, royalty-free, perpetual, obligation-free, transferable, irrevocable, and potentially subcontractableright to use the content that You publish on the Site.
You thus authorize the Company to freely use allor part of Your published content to represent, distribute and reproduce it on the Site.
As such, you declare that:• You are the owner of the content that You poston the Site, or that You can grant the rights andlicenses for this content;• The publication and use of Your content on the
Site or through it does not infringe, damage,or violate the rights of third parties, including
but not limited to: privacy rights, advertisingrights, trademarks and other intellectual property rights;• You agree to pay any and all fees, royalties inrelation to the content which You post on the
Site

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LIABILITY

The Company shall not be held responsible for content presented and posted online by Users, especiallycontent of illegal nature.
The User is solely responsible for their personaluse of the Site and Applications and for the direct orindirect consequences of this use. It is up to themto use the Site and Applications in accordance withthe regulation in force and the recommendations of
the CNIL (Commission Nationale de l’Informatiqueet des Libertés).
The Company has no obligation to screen, control,
modify, or remove any published content.
The Company is committed to providing a levelof availability of more than 99% (on an annual basis)
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If you publish content aimed at
third parties on the Site, you grant
us the right to reproduce it.

for its Services. In the event of non-compliance withthis commitment, corrective measures will be taken to
restore availability as soon as possible.
Furthermore, the Company shall not be held responsible for Site or Application failure, any inability
to access the Site or Application, or any service malfunction due to the Users’ Internet service provider.
The same applies for any other reason beyond theCompany’s control. The Company shall not responsible for fees related to the use of the Services, including, but not limited to, data transfer or roaming fees.
The liability of the Company shall not be incurredin the following cases:• because of technical failures unrelated to theCompany, such as communication problems (slowness, interruption, etc.) due to the Client’s and/or
User’s(s) Internet Access Provider;• because of non-receipt of Lessons by e-mail dueto the Client’s e-mail configuration or to theuse of a mail server that does not deliver the
Lessons sent to the User by the Company (particularly if the stated server decided to consider
the Lessons of the Company as undesirable emails);• because of misconduct, negligence, omission or
default by the Client and/or the User(s) and/or
any third party over which the Company has nocontrol or supervision;• because of damages related to the nature and/or
the content of the Lessons;• because of the non-compliance to the legislation of the country where the User resides or
the site is accessed from.
• in any event of force majeure of less than thirty
days. If the effects of a force majeure case wereto last longer than thirty days from the notification of the force majeure by one of the Parties, the contract may be terminated automatically upon the request of either or both of theParties, without any right to compensation byeither of the Parties.
• in case of damages related to the nature and/or
content of the Ads and/or of the messages andfeedback on the Marketplace and/or of the actions (or lack of action) of the Users, except
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The liability of the Company shallnot be incurred in the cases listed(problem with the Internet provider
and/or telecoms operator of theUser, damage linked to our content,
force majeure, etc.).

where the Company would have been given proper
notice of the existence of an illicit or malicious
Ad or message as defined by the law, and would
not have acted promptly to remove it. Indeed,
the Company operates as a host for the Ads on
its Marketplace, in accordance with Article 6 of
the Law for Confidence in the Digital Economy,
dated June 21, 2004;• in case of harm related to the use of chat Services powered by Artificial Intelligence, which
are provided for educational and entertainment
purposes only.
• and, unless explicitly stated otherwise, in caseof any damage related to the acceptance by aUser of a Seller Ad on the Marketplace, theCompany being a third party with regard to thecontract linking the Seller and the User.
The Company reserves the right to refuse any request for a Subscription from a Client with whom adispute has occurred regarding the payment of all orpart of a prior Subscription.
The Company reserves the right to exclude any
User from the Marketplace in case of non-compliancewith these conditions and/or any dispute regarding Listings.
The Company reserves the right to modify the content of the Services offered on its Site at any time.

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PERSONAL INFORMATION

We take your privacy very seriously. For more information on the protection of personal data, please refer
to our Privacy & Use of Information Policy available
at the following address: https://www.gymglish.
com/documents/privacy-policy-en-latest.pdf

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Our Privacy Policy details ourcommitments relating to privacy.

TERMINATION

In case of violation of the above stated Policy by the
Client and/or the User(s), the Company reserves theright to automatically terminate the granted License
and/or Subscription:• after a warning has remained without effect forseven (7) days.
• immediately and without notice, in the event ofbreaches related to intellectual property rights
15

We may terminate the Service incase of non-compliance with ourTerms and Conditions.

or repeated breaches pertaining to the above statedTerms and Conditions.
In cases of early termination of Service, the Company will under no circumstances reimburse the amounts
fully or partially paid by the Client, without prejudice to any legal action that the Company may engage
against the Client and/or the User(s), nor any sums
due or damages that the Company could accept.
Conversely, in case of violation of the above stated
Policy by the Company, the Client will also be allowed to automatically terminate the granted License
and/or Subscription, and the amounts owed by theCompany between the date of termination and the end
date of the Subscription will be returned to the Client.

14

SECURITY

The Company is particularly careful about payment
data security.
Payments are managed and secured by certified
PCI DSS suppliers using SSL technology (Secure Socket
Layer) for encrypting payment information during transactions over the network. This ensures the safety andconfidentiality of payment information.
The Company never keeps the credit card information of its Clients.

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Your payments are secured byaccredited and certified providers.

HOST

The host of the Company is Rackspace GmbH, LuiseUllrich-Str. 20 80636 Munich, Germany. The comThe host of the Company is thecompany Rackspace GmbH inpany Rackspace is certified ISO/ IEC 27001, ISO 14001,
ISO 9001, SOC 1 (SSAE 18), SOC 2, SOC 3, PCI
Germany.
DSS Level 1 FedRAMP JAB P-ATO, NIST 800-53,
FISMA, NIST 800-171 (DFARS), CJIS, ITAR, FIPS
140-2, HITRUST HIPAA, HITECH, Swiss-US Safe
Harbor, CDSA, SAS 70 Type II, Privacy Shield and
Safe Harbor: see https://www.rackspace.com/compliance.
Rackspace can be reached by phone on +44 20 3131 6381.

16

NULLIFICATION

In case one or more of these provisions are invalid or
declared as such under any law, regulation or following a definitive decision by a competent jurisdiction,
the remaining provisions shall remain in effect.

16

In such a case, the Company will immediately remove and replace the clause concerned with a legallyvalid clause.

17

SECTION TITLES

In a section title is deemed to be unclear, the text ofthe section remains valid and the section title should
be considered null.

18

APPLICABLE LAW

These Conditions are subject to French law, in termsof interpretation and application.
In case a problem arises in respect of the interpretation and/or execution hereof, the Parties agree tosubmit to proceedings of conventional mediation or
any other alternative mode to settle the dispute.
In the event the mediation procedure fails, the dispute will be submitted to the competent court as designated by the Regulation of the European Parliament
and the Council 1215/2012 of 12 December 2012 on
jurisdiction, the recognition and enforcement of judgments in civil and commercial matters.

17

This document is subject to Frenchlaw.